§ 23-762. Legislative findings and intent.  


Latest version.
  • a. Both existing development and development resulting from growth, as contemplated by the comprehensive plan, will require improvements, and additions to public facilities to accommodate and maintain the level of service adopted by the city.

    b. Future growth represented by public facilities impact construction should contribute its fair share to the cost of improvements and additions to public facilities that are required to accommodate the use of such facilities by growth.

    c. The required improvements and additions to the public facilities needed to accommodate existing development at the adopted level of service shall be financed by revenue sources other than impact fees.

    d. Implementation of an impact fee structure to require future public facilities impact construction to contribute its fair share of the cost of improvements and additions to public facilities is an integral and vital element of the management of growth.

    e. Public facilities planning is an evolving process and the level of service adopted by the city for such public facilities constitutes a balancing of anticipated need and the corresponding cost to implement such standard, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns, the needs of the community and the dynamics of public facilities planning, it is the intent of the commission that the level of service and the cost of the various public facilities be reviewed and adjusted periodically, pursuant to section 23-779, to insure that the impact fees imposed pursuant to this division are equitable and lawful based on the impact of growth upon these public facilities.

    f. This ordinance shall not be construed to permit the collection of impact fees from public facilities impact construction in excess of the amount reasonably anticipated to offset the need for and demand on those public facilities generated by such impact construction.

    g. This division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court in the case of Contractor and Builders Association of Pinellas County vs. City of Dunedin, 329 So. 2nd 314 (FL 1976) and to meet the requirements of the "Florida Impact Fee Act," F.S. ch. 163.31801, particularly the requirement that impact fees are to be based on "the most recent and localized data."

(Ord. No. 2012-03, § 1, 2-7-12)